Yesterday, the U.S. Customs and Border Protection (“CBP”) issued a Withhold Release Order (“WRO”) against Hoshine Silicon Industry Co. Ltd. , a company located in China’s Xinjiang Uyghur Autonomous Region (“XUAR”). The WRO...more
6/28/2021
/ Biden Administration ,
China ,
Customs and Border Protection ,
Economic Sanctions ,
Export Administration Regulations (EAR) ,
Exports ,
Forced Labor ,
Human Rights ,
Imports ,
Solar Energy ,
Supply Chain ,
US State Departments ,
Withhold Release Orders (WROs)
Last week, Bloomberg News reported that the Group of Seven nations (G7) intends to launch an alternative to China’s “Belt and Road Initiative” when they meet later this week in Cornwall, England. The strategy is expected to...more
Earlier this week, the United States, the European Union, Britain, and Canada imposed sanctions on several Chinese officials for human rights abuses against the Uyghur minority in China’s Xinjiang Uyghur Autonomous Region...more
3/25/2021
/ Canada ,
China ,
Economic Sanctions ,
EU ,
Exports ,
Forced Labor ,
Human Rights ,
Office of Foreign Assets Control (OFAC) ,
U.S. Commerce Department ,
U.S. Treasury ,
UK
On February 24, 2021, the Financial Crimes Enforcement Network (FinCEN) issued an advisory alerting financial institutions to the potential for fraud and other financial crimes related to Economic Impact Payments (EIPs) and a...more
On January 1, 2021, Congress passed the National Defense Authorization Act for Fiscal Year 2021, which includes the Corporate Transparency Act (the CTA).1 The CTA requires all U.S. businesses to file “beneficial ownership”...more
1/12/2021
/ Anti-Money Laundering ,
Bank Secrecy Act ,
Beneficial Owner ,
Data Protection ,
Data Storage ,
FDIC ,
Financial Services Industry ,
FinCEN ,
Limited Liability Company (LLC) ,
Patriot Act ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
Shell Corporations ,
Tax Returns
The unprecedented challenges created by the COVID-19 pandemic and resulting government lockdowns could strain even the most robust compliance programs. Companies have been appropriately focused on business preservation during...more
On August 18, 2020, the Financial Crimes Enforcement Network (FinCEN) issued a statement on its approach to enforcing the Bank Secrecy Act (BSA), to provide clarity on its approach to bringing compliance or enforcement...more
On July 30, 2020, the Financial Crimes Enforcement Network (FinCEN) issued an advisory alerting financial institutions to potential indicators of cybercrime and cyber-enabled crime observed during the COVID-19 pandemic.The...more
8/6/2020
/ Bank Secrecy Act ,
Coronavirus/COVID-19 ,
Cyber Crimes ,
Data Security ,
Extortion ,
FinCEN ,
Fraud ,
Malware ,
Personal Data ,
Phishing Scams ,
Popular ,
Suspicious Activity Reports (SARs)
On July 3, 2020, the U.S. Department of Justice (DOJ) Criminal Division and the Securities and Exchange Commission (SEC) released the second edition of A Resource Guide to the U.S. Foreign Corrupt Practices Act (the “FCPA...more
Three years ago, the Supreme Court ruled in Kokesh v. SEC that disgorgement in the context of an SEC enforcement action functions as a “penalty” for purposes of 28 U.S.C. § 2462 and is therefore subject to a five-year statute...more
6/25/2020
/ 15 U.S.C. § 78u(d)(5) ,
Administrative Authority ,
Business Expenses ,
Calculation of Damages ,
Corporate Misconduct ,
Disgorgement ,
Enforcement Actions ,
Equitable Relief ,
Kokesh v SEC ,
Lack of Authority ,
Liu v Securities and Exchange Commission ,
Net Profits ,
Remedies ,
SCOTUS ,
Securities and Exchange Commission (SEC)
...Think your company and its employees are beyond the reach of U.S. authorities? Maybe you don’t have U.S. operations there, or your company isn’t publicly traded on a U.S. stock exchange. Perhaps you don’t directly sell or...more
6/2/2020
/ Anti-Bribery ,
Anti-Competitive ,
Antitrust Violations ,
Business Operations ,
Conspiracies ,
Copyright ,
Department of Justice (DOJ) ,
Enforcement ,
Exports ,
Federal Trade Commission (FTC) ,
Foreign Corrupt Practices Act (FCPA) ,
Imports ,
International Trade Commission (ITC) ,
Jurisdiction ,
Office of Foreign Assets Control (OFAC) ,
Patents ,
Sherman Act ,
Trademarks
The initial response to the global spread of COVID-19 has led to unprecedented changes in how we do business globally. There was a chaotic rush for supplies. As households struggled to find goods such as toilet paper and hand...more
The COVID-19 pandemic has created hardships across the globe at unprecedented levels – with practically no region or industry unaffected. Governments at all levels across the globe, along with non-governmental and...more
4/9/2020
/ Anti-Corruption ,
Centers for Disease Control and Prevention (CDC) ,
Charitable Donations ,
Compliance ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Eli Lilly ,
Enforcement ,
Fraud ,
Fraud and Abuse ,
Investment ,
Nu Skin ,
Risk Assessment ,
Risk Mitigation ,
Securities and Exchange Commission (SEC) ,
World Health Organization
Despite the global pandemic, the federal judiciary continues to issue rulings. In the last week, two courts provided guidance about when self-disclosures to the government waive the attorney-client privilege, underscoring the...more
4/2/2020
/ Board of Directors ,
Compliance ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Data Points ,
Department of Justice (DOJ) ,
Directors ,
Ethics ,
Internal Investigations ,
Securities and Exchange Commission (SEC)
Foley & Lardner LLP’s International Government Enforcement Defense & Investigations team has created its latest FCPA infographic, which presents an overview of some high-level enforcement trends in an easy-to-view,...more
10/9/2019
/ Anti-Corruption ,
Canada ,
CFTC ,
Compliance ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Latin America ,
Self-Reporting ,
Strategic Enforcement Plan ,
White Collar Crimes
The U.S. Department of Justice (DOJ) has released updated guidance on evaluating corporate compliance programs. The Evaluation of Corporate Compliance Programs updates prior guidance that was released by DOJ in February 2017....more
On Thursday, November 29th, the U.S. Department of Justice (DOJ) announced changes to its policy known as the “Yates Memo.” That policy, established in 2015 by then-Deputy Attorney General Sally Yates, had required companies...more
On May 9, 2018, the U.S. Department of Justice (DOJ) announced a policy related to resolutions of criminal and civil corporate enforcement. The new “Policy on Coordination of Corporate Resolution Penalties” was issued by...more
On November 29, 2017, Deputy Attorney General Rod Rosenstein announced that the U.S. Department of Justice (DOJ) was issuing a new enforcement policy covering its enforcement of the Foreign Corrupt Practices Act (FCPA). The...more
12/1/2017
/ Anti-Bribery ,
Attorney-Client Privilege ,
Audits ,
corp ,
Corporate Counsel ,
Corporate Criminal Fines ,
Corporate Governance ,
Corporate Misconduct ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Document Productions ,
FCPA Guidance ,
Federal Pilot Programs ,
Fifth Amendment ,
Foreign Corrupt Practices Act (FCPA) ,
New Guidance ,
Recordkeeping Requirements ,
Remediation ,
Risk Assessment ,
Securities and Exchange Commission (SEC) ,
Self-Disclosure Requirements ,
Voluntary Disclosure ,
White Collar Crimes
Obtaining permissions, approvals and licences in India creates high risks for bribery on account of there being significant interaction between the company and government authorities.
Originally published by IBA...more
This year, India celebrates Diwali on October 19, 2017. “The Festival of Lights,” as Diwali (or Deepavli) is commonly called, is celebrated across India with great aplomb, joy and, of course, delicious sweets. Diwali...more
9/16/2017
/ Anti-Corruption ,
Compliance ,
Corporate Gifts ,
Department of Justice (DOJ) ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Official ,
Government Officials ,
India ,
Prevention of Corruption Act (PCA) ,
Public Officials ,
Public Servants ,
Securities and Exchange Commission (SEC)
Since mid-2000s investigation of Siemens, and the resulting $800 million penalty for violations of the Foreign Corrupt Practices Act (FCPA), the FCPA has been an enforcement priority of the U.S. Government. Although a dip in...more
5/12/2017
/ Anti-Bribery ,
Anti-Corruption ,
Anti-Money Laundering ,
Bribery ,
Compliance ,
Corporate Crimes ,
Corporate Misconduct ,
Corruption ,
Department of Justice (DOJ) ,
Dodd-Frank ,
Enforcement Actions ,
Federal Pilot Programs ,
Foreign Corrupt Practices Act (FCPA) ,
ISO ,
ISO 37001 ,
Regulatory Agencies ,
Securities and Exchange Commission (SEC) ,
Trump Administration ,
Whistleblower Protection Policies ,
Yates Memorandum
The Indian court system has gained an unfortunate reputation for being notoriously slow, cumbersome, unpredictable, and unreliable, which makes solving commercial disputes in India a challenging ordeal. India ranks near the...more
For the second time in just over a month, a federal judge has denied a Federal Trade Commission (FTC) motion to enjoin the merger of two hospital systems, this time the 13-hospital Advocate Health Care and the 4-hospital...more
Hospitals and other providers who have been tracking Federal Trade Commission (FTC) and Department of Justice Antitrust Division hospital merger challenges over the last several years will want to take note of the federal...more
5/13/2016
/ Administrative Proceedings ,
Antitrust Litigation ,
Appeals ,
Divestiture ,
Federal Trade Commission (FTC) ,
FTC Act ,
Health Care Providers ,
Healthcare Reform ,
Hospital Mergers ,
Preliminary Injunctions ,
The Clayton Act